| Chairman Abernathy called the meeting to order. He recognized Ron Hooker and his service to the Board, as well as to the state and its citizens, and introduced John Albert, new trustee representing the Department of Agriculture. |
| Trustees Present: |
Absent: |
Robert L. Abernathy, Chairman
Judy Baker, Vice Chairman
John Albert
James Ford
Tom Kolb
Joyce Murphy
Gary O'Neal
Danny Opie
Tom Pfeiffer
Dan Schuette (Designee for Steve Mahfood) |
Don McNutt
|
| Staff Present: |
|
Carol R. Eighmey, Executive Director
Tim Duggan, Assistant Attorney General
H. Patrick Eriksen, Williams & Company Consulting
Shelly Whitney, Assisting Ms. Eighmey
Pat Vuchetich, General Claims Manager
Ray Lentz, Operations Manager
Dave Pate, Claims Manager |
Claim Appeal – County Seat Motors, Claim 50339
Carol Eighmey reported that the appeal had been withdrawn and distributed a letter from Mr. Reed stating thus.
Approval
of Minutes
After a correction was made to record Joyce Murphy's attendance at the meeting, Tom Kolb moved that the minutes from the July 28, 2004 Board meeting be approved. Judy Baker seconded. Motion carried.
Monthly
Reports
Chairman Abernathy invited Trustees to review the monthly reports and ask questions. Ms. Eighmey stated that the audit results were not available yet, due to delays in receiving data from the Office of Administration.
Dan Schuette moved that the Board release funding for the seven (7) new remedial claims. Tom Pfeiffer seconded. Motion carried.
Cash Flow Projection
Pat Eriksen made a detailed presentation, which explained the assumptions used in making the projection, compared actual experience with previous projections, and discussed how large-loss claims continue to impact the projections. His report indicated that this projection predicts less of a funding shortfall than did the last one. A copy of Mr. Eriksen's presentation is attached hereto.
Trustees asked a number of questions. There was discussion about properties that were reported to the state by the statutory deadline making them eligible to receive PSTIF benefits, but for which no environmental data exists. Ms. Eighmey pointed out pros and cons of undertaking an effort to contact those property owners, and alerted the Board that this issue will need to be discussed in more detail in the coming months.
FY06 Budget Requests
The Chairman asked Trustees to review the requests made by other state agencies for appropriations from the PSTIF, summarized in their notebooks. Dan Schuette moved that the Board approve the request from the Attorney General's Office for funding from the PSTIF to support 0.5 FTE; Gary O'Neal seconded. Motion carried.
Judy Baker moved that the Board approve the request from the Department of Revenue (DOR), for funding from the PSTIF for approximately $34,449. John Albert seconded. There was discussion to clarify that the Board's intent is to approve funding for one FTE, recognizing that the dollar amount appropriated for personal services may be higher than specified in DOR's letter if the Legislature appropriates additional money to cover cost-of-living pay increases. Motion carried. Trustees clarified that the previous action involving the AGO funding was also intended to include cost of living and/or fringe benefit increases.
Ms. Eighmey reported the request from DNR had been received the day before the meeting. Chairman Abernathy appointed a committee to meet with DNR to review the request and make a recommendation to the full Board: Don McNutt, Jim Ford, Tom Pfieffer.
Joyce Murphy reported she had not seen any estimates of what appropriations the Office of Administration may request to help for general state services. Mr. Abernathy asked Ms. Eighmey to make inquiry concerning this prior to the next Board meeting, scheduled for December 1.
Judy Baker moved that the Board approve the request from the Petroleum Storage Tank Insurance Fund, Jim Ford seconded. Motion carried.
New Standard for AST Integrity Testing
John Albert reported on the new standard for AST integrity testing that is being written by a committee of industry representatives and state and federal officials. The standard will contain a matrix so that a tank owner can readily determine what type of tests he needs to do, at what frequency. He mentioned that the standard will contain references to “release prevention barriers,” and explained how it will assist AST owners in their efforts to comply with EPA SPCC requirements. Discussion followed, including conversation about whether the PSTIF Board wished to engage in the public policy debate. Several persons indicated EPA is issuing fines to almost any AST facility they inspect, and that one of the current difficulties is that there is no way to comply with some of the SPCC requirements.
RBCA Update
The chairman directed trustees' attention to the memorandum in their notebooks.
Administrative
Issues
Jim Ford moved that the Board approve the dates set for the 2005 Board Meetings. Judy Baker seconded. Motion carried.
Judy Baker moved that the Board go into closed session to discuss and vote on matters related to legal actions, causes of action, litigation and/or personnel issues pursuant to Section 610.021, RSMo. Tom Pfeiffer seconded. Motion carried.
If
such action is approved a majority vote of a quorum of the Board,
the Board of Trustees of the Petroleum Storage Tank Insurance Fund
may go into closed session at this meeting to discuss legal, confidential
or privileged matters pursuant to Section 610.021, RSMo.
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